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Old January 29, 2013, 07:50 PM   #20
Maxb49
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Join Date: March 8, 2007
Location: Jamestown, New York
Posts: 256
Quote:
What clause or law would allow for another lawsuit to come before this act?
That's the wrong question to ask. There is no "clause" that allows for more lawsuits. The way to look at it is, lawsuits are only prohibited if the doctrine of collateral estoppel applies. Collateral estoppel will not apply to all of the issues surrounding the unconstitutionality of the S.A.F.E. Act. Therefore, if Mr. Tresmond is unsuccessful, there are other issues that can be raised in challenging this law. There is no reason that any organization should engage in any fear mongering or attempt to intimidate Plaintiffs from filing lawsuits. It's totally unethical.

As an aside, consider the fact that many challenges to a law are raised in multiple federal circuit courts throughout the country, sometimes resulting in contradictory decisions among the circuit appellate courts (percolating issues). The Supreme Court often rules on these issues. The fact that these issues have been challenged in one district court does not prevent them from being challenged in another district court. This case is being raised in New York State Supreme Court, Fourth Department, Eighth Judicial District. There is nothing preventing other challenges in other departments or districts. NYSRPA needs focus their attention on lobbying and political action. If they want to hire an attorney to file suit, by all means, that is their right to do so. There is no need for fear mongering or ill will, it's not going to get any of us anywhere.
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